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Nomination of members to Rajya Sabha

Regarding those nominated members of Rajya Sabha..
Does President appoint those nominated members based on recommendation of central council of ministers ?
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Comments

  • Kindly attempt next year
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  • Beb Eb said:

    Kindly attempt next year

    Sure.
    Plz be kind enough to answer the question too :smile:
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  • Regarding those nominated members of Rajya Sabha..
    Does President appoint those nominated members based on recommendation of central council of ministers ?

    Bhai President can't do anything on his own (except in the choosing PM under certain conditions) and is generally bound by the advice rendered by CoM under Article 74.
    Anything or everything done by the President is generally on the advice of CoM headed by the PM
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  • President has no constitutional discretion, only situational discretion.

    Everything that he does is by advice of CoM, except:

    1. Asking a party to form government when no party has a clear cut majority.
    2. Dismissing CoM when it cannot prove confidence of LS.

    But is it. Mentioned in constitution?
    Appt is executive power, so it must be done on aid and advice of COM.

    But isn't nomination a legislative power of Pres?
    How then aid and advice becomes deciding factor here?
    (BTW, this I'm asking for a friend :smiley:)
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  • Bhai actually constitution me har cheez ek dum expressly nahi likha rehta. Everything is evolved based on partly constitutional provisions and partly judiciary judgements & extrapolation. In dono ko mila kar ke things are decided. So it may happen that for some things you may not find an express provision in the constitution (Jaise ki Right to sleep is an FR kahin likha nahi hai but now it comes under FR).

    Jahan tak aapka sawal hai legislative or executive power ka, Art 74 binds the President.

    Trivia: There was a debate in the constituent assembly regarding this and it was felt that if this is not there then the President can assume dictatorial powers. Rajendra Prasad Ji bhi is provision se nakhush the aur Ambedkar Ji se kaafi behes bhi hui thi. :)
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  • Bhai actually constitution me har cheez ek dum expressly nahi likha rehta. Everything is evolved based on partly constitutional provisions and partly judiciary judgements & extrapolation. In dono ko mila kar ke things are decided. So it may happen that for some things you may not find an express provision in the constitution (Jaise ki Right to sleep is an FR kahin likha nahi hai but now it comes under FR).

    Jahan tak aapka sawal hai legislative or executive power ka, Art 74 binds the President.

    Trivia: There was a debate in the constituent assembly regarding this and it was felt that if this is not there then the President can assume dictatorial powers. Rajendra Prasad Ji bhi is provision se nakhush the aur Ambedkar Ji se kaafi behes bhi hui thi. :)

    Shukriya sir.
    Copy pasting it as response to my friend :smile:
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